Omaha daily bee., 1887-07-31
SECRETARY LAMAR'S OPINION
Il Differs From That Of Commissioner
~ Sparks in Land Case.
A NeeRAsKAN's CLAIM ALLOWED
Detachments or the Regular Army
Detailed to Attend G. A. IL. En-
campments-More Railroad
Complaints.
Commissioner Sparks Overruled.

Commissioners Sparks Overruled.
WAsHINoToN, July 30.-TSpecial Tele-
gram to the BEE. lin the case OF James f.
Storms application to amend his homestead
entry on a portion OF section 12, township
10. range 30. North Platte district, Nebraska,
Secretary Lamar to-day Overruled the decls-
ion of Commissioner Sparks. 1t seems that
Storm in his original entry failed to secure a
competent surveyor and the man he en-
ployed failed to note the variations of the
compass. consequently Storm entered on
railroad land and in his application for
homestead he had really taken up a sand
ridge adjacent to what he supposed to be his
land. He askedto be allowed TO amend. On
this Commissioner Sparks decided May %,
1885. "The party seems to be acting In good
faith. 1t also appears that the land ne
thought he was entering Is within the grant
Of the. Union Pacific railroad company.
Amendments to embrace lands not
Sannos be oWs aiieWsS hence Z the f%ssesS prssens
application Is denied, but upon filing
duly executed relinQuishment Of the land
entered. he will be allowed to enter the tract
fees. An application for return Of money
paid on the relinQuisned entry will be duly
considered" Thereupon the applicant on
July 10. 1855, executed reinquishment Of
ton. Not having the money to pay the home
stead fee for the tract which he desired to
enter and fearing lest In some way some one
else might obtain right thereto that would
cloud his own the title he filed pre.emptiOH
declaratory statement therefor with the inten-
tiOn OF transmitting the same to home
stead entry as soon as the repayment of his
fees fee ~, was allowed. lowed On % February a1y 5. issS
no mention is made of Storms application
for repayment of fees ond commissions,
said: Upon re.examination OF the afda-
It does not appear to the satisfaction of this
Ofce that the party used proper care in max
ing his entry. must therefore decline to
grant his request and for the further reason
ieee." ' " O''' ''''''A '''''
Secretary Lamar. in reviewing the case,
says: "Between the dates of the two de-
cisions above quoted FROM the claimant, re.
lowed to enter the tract applied for, pro-
ceeded to build upon and improve the same.
AS no fraud is suggested, as there is no
claim m TO the ess and as the
would work serious hardship and loss to
claimant am of the opinion that the said
decision ought not to be rescinded. More.
over, In my opinion, the claimant exercised
reasonable care, at last he was not guilty Of
such blamable carelessness as would justify
the forfeiture Of his homestead right there
fore reverse your office decision OF February
Aooos uppCoiC'A iiOm duu uucCb ludt OtUIM
be repaid the fees and commission paid by
him on his reinquished entry aud be allowed
to enter the tract for which he now applies"
Army Orders.
WASHINGTON, July 3O.-TSpecial Telegram
to the BEE. Major G. H. Burton has
been ordered to make visits of inspection to
Forts Lyon, Albuquerque, Crawford, Lewis,
Hayes and Riley In the department of the
Missouri.
The leave of absence granted Captain j. j.
Clogue has been extended three months
Major Harvey E. Brown, surgeon, has been
ordered to duty jackson Barraks, La. The
leave granted Colonel Sutherland has been
extended one month. First Lieutenant E.
i. Fletcher has been detailed as professor of
: military science at the Arkansas Industrial
university. Second Lieutenant Francis j.
Herman has been relieved from duty at the
Thatcher Institute, La, and ordered ia his
station; The secretary OF war has announc-
Fort Leavenworth Infantry and Cavalry
school for the two-years' course beginning
September next. This detail is very i'm
portant to the srmy as hearty all the young
selves In military trainlny seek an OppOrtuni-
ty tOattend the school. This year the majority
OF officers who are allowed to undergo the
valuable valuable GO, course Of instructions were ap-
The names Of those detailed are as follows:
Cayaly, First regiment First Lieutenant
Godfrey Mcdonald; Second regiment, Sec.
kSSsT B. Enas sd
Fourth regiment, Second Lieutenant Robert
A. Brown; Fifth regiment, Second Lieuten-
ant John I. Haines; Sixth regiment Second
ment. Second Lieutenant ). II. Tompkins;
Eighth regiment Second Lieutenant Charles
W. Farber; Ninth regiment. Second Lieu
tenant William d. McAananey: Nenth reRi-
Infantry-Flrst regiment Second Lieuten-
ont Everett Benjamin.; Second regiment,
Second Lieutenant Sonas II. Wilson; Third
regiment 'gG. Tts3 Second Lieatenan. Harry Free,
John l.. Sehan; Fifth regiment, Second
Lieutenant James E. Wilson: Sixth regl-
ment, Second Lieutenant VIM. L. Burnham;
ces E. Baker; Eight Iegimens Second Lieu
Second Lieutenant c. q. Minch: Tenth reg
iment, Second Lieutenant Evan NJ. johnson,
Charles TSesh Tesmsnt
Second Lieutenant George J. Godfrey; Thir..
tenth regiment, Second Lieutenant Carl
koops; Fourteenth regiment Second Lieu
ment. First Lieutepant William o. Cory;
Sixteenth regiment Second Lieutenant
stephen N. Hackney; Seventeenth regiment,
First Lieutenant James d: Niekerson; Eigh:
Harry Duval; Nineteenth regiment, Second
Lieutenant Frank Mcintyre: Twentieth
regiment, First Lieutenant r. ID. Sharp;
Iwenty-first regiment, Second Lieutenant
y. w. McCoskey; Twenty-secOnd regiment,
Second Lieutenant f. A. Root; twenty
third regiment, Secoud Lieutenant Raymond
Il. Stevens, and Twenty fifth regiment, First
Lieutenant Walter 5. Scott.
HattOn on Blaine.
WASHINGTON, July 3O.-ISpecial to the
bee. l-Ex-Pos General Frank Hat
ton has been here several days and of course
has been asked his views on the presidential
outlook for lSSs Mr.. Hatton Is one of those
politicians who have the courage to express
their views when asked to do 50. He does
not mince matters but speaks fright out In
meeting" To your correspondent he said II
think that the republicans can win next year;
but to do It they must nominate a candidate
who will draw every republican vote. 1t will
not do to nominate candidate for the presi-
dency simply because one faction Is bowling
for him. Just now we hear that Blaine has
the CALI on the party. But II the
call is analyzed it will be found that the men
who are shouting for the denomination of Mr.,
Blaine are the men who have climbed down
wards instead Of upwards In politics. Blaine
10 not popular with the business men of the